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CHAPTER II

THE INSPECTING STAFF RULE PRESCRIBED UNDER SECTION 9

13. POWER OF INSPECTORS

An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things, that is to say:-

  1. to photograph any worker; to inspect, examine measure, copy, photograph, sketch or test, as the case may be, any building or room; any plant, machinery, appliance or apparatus; any register or document; or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory;
  2. in the case of an Inspector who is a duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the Act;
  3. to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector;Provided that the powers of the District Magistrates and such other public officers as are appointed to be additional inspectors shall be limited to the inspection of factories in respect of the following matters, namely:-Cleanliness (Section 11), Over-crowding (Section 16), Lighting (Section 17), Drinking water (Section 18), Latrines & Urinals (Section 19), Spittoons (Section 20), Precautions in the case of fire (Section 38), Welfare (Chapter V), Working hours of adults (Chapter VI-except the power of exemption under the proviso to Section 62), Employment of young persons, (Chapter VIII), Leave with wages (Chapter VIII) and Display of notices (Section 108).

 

RULE PRESCRIBED UNDER SECTION 112

13-A. QUALIFICATION OF AN INSPECTOR-

No person shall be appointed as an Inspector for the Act unless he possesses the following qualifications-

(a) He must not be less than 23 years or more than 35 years of age.

(b) He must have : z

  1. had a good general education up to the Intermediate standard of a recognized University.
  2. Secured a degree, or diploma equivalent to a degree of a recognized university, in any branch of Engineering, Technology of Medicine and preferably with practical experience of at least two years in a workshop or a manufacturing concern of good standing and in the case of Medical Inspector an experience of at least 2 years in a public hospital or factory medical Department or alternately a diploma in Industrial medicine.

 

(c) Where for a particular post special knowledge, "the deal with special problems is required the Chief Commissioner, may, in addition to the basic qualifications prescribe appropriate qualifications for such a post."

Provided that in the case of a person who has been working as Inspector under the Act at the time of commencement of these rules, the Chief Commissioner may, subject to such conditions as he may specify, exempt such persons from the provisions of this rule.

Provided further that the provisions of this rule relating to qualifications shall not apply in the case of a person who is already appointed as Inspector of Factories on regular basis, in accordance with the provisions of the Recruitment Rules framed under Article 309 of the Constitution.

RULE PRESCRIBED UNDER SUB-SECTION (4) OF SECTION 10

14. DUTIES OF CERTIFYING SURGEON-

(1) For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying surgeon shall arrange a suitable time and place for the attendance such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.

(2) The Certifying Surgeon shall issue his certificates in Form No.4. The foil and counter-foil shall be filled in and the left thumb mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of entries, made therein and of the fitness of the person examined he shall sign the foil and initial the counter-foil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under Section 69. All counterfoils shall be kept by the Certifying Surgeon for a period of at least 2 years after the issue of the certificate.

(3) The certifying Surgeon shall upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where:-

  1. cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on or other conditions of work prevailing therein, or
  2. by reason of any change in the manufacturing process carried on, or in the substances used therein, or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process, or
  3. young persons are or are about to be, employed in any work which is likely to cause injury to their health.

 

(4) For the purpose of the examination of persons employed in processes covered by the Rules relating to Dangerous Operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the Rules relating to such dangerous operations.

(5) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a Register known as the Health Register (Form No.17) which shall be kept by the factory manager and produced to the Certifying Surgeon at each visit.

(6) If the Certifying Surgeon finds as a result of his examinations that any person employed in such process is no longer fit for medical reasons to work in that process he shall suspend such person from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.

(7) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed.

(8) The manager of a factory shall provide for the purposes of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.

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